La Voz Music Publishing℠

TERMS OF USE, PRIVACY POLICY, AND LICENSE AGREEMENT

These Terms of Use, Privacy Policy, and License Agreement (collectively, "Agreement"), between you and La Voz Music Publishing, LLC ("La Voz Music Publishing," "La Voz," or "we") govern your use of the www.lavozmusicpublishing.com website ("Website"), including all content, features, and products offered on or through the Website. By using this Website, you accept and agree to the terms of this Agreement. You should not use this Website or order any products from this Website if you (a) do not agree with this Agreement, (b) are not at least 18 years of age, or (c) are located outside of the United States. Please check this Agreement from time to time so you are aware of changes, as all changes we make to this Agreement from time to time are effective immediately.

TERMS OF USE

The purpose of the Website is to connect you – the customer – with written musical works and arrangements exclusively published and made available for purchase by us, La Voz Music Publishing (the "Work"). If you access the "Catalogue" page, you can view details about the Work available for purchase. The composers and arrangers of these works enter into separate contractual agreements with us, which allow La Voz to share their works with you. If you are a composer or arranger interested in working with us, you can access the "Submissions" page, to submit works for consideration. The submission guidelines set forth on the "Submissions" page are fully incorporated into this Agreement by reference. The "Our Team" page tells you about the team members of La Voz Music Publishing.

We are excited you are here, as we honor the unique sounds and diverse traditions of Latin American choral music.

TERMS OF SALE

All sales of the Work are subject to this Agreement, including without limitation the License Agreement, which sets forth the terms governing your access to and use of the Work. Please carefully review the License Agreement before you order Work from the Website.

To order Work (or "products") from the Website, we encourage you to view all details about the products, including, where available, excerpts, to ensure that the products you add to your shopping cart are the products you want to purchase. We have different options to purchase products based on the number of users, and the price of the products are most often proportional to the number of users because a higher quantity of users means you are allowed to make more copies of the Work. The right to reproduce the Work is protected by federal copyright law. The reason we have these options is to protect and fairly compensate the composers and arrangers of the Work. We also have options to purchase collections rather than individual products, and we do our best to be fair about the prices when you order collections as well. Finally, if you are interested in performing or recording Work, we may adjust the purchase price accordingly, because your license to access the Work is different under federal copyright law than your license to publicly perform and/or record the Work. Again, all of these licenses are subject to the License Agreement. We have the sole discretion to set minimum purchase requirements. We have the sole discretion to set forth the prices.

To order products from the Website, you may be asked to provide certain registration details, including your email address. It is your choice to provide this information, which allows us to contact you about your order and any news/updates about the Website. You agree to notify us of any unauthorized use of your email address on the Website. We have the right to disable any account, at any time, if in our opinion, you have violated this Agreement. La Voz's access to this information is governed by the Privacy Policy, below.

When you want to order Work, add it to your cart. To access your cart, please click here. Your shopping cart is your responsibility to ensure accuracy before you make a purchase, particularly given La Voz Music Publishing's refund policy, below. When you are ready to purchase the products, you will be directed to do so on the Website.

La Voz Music Publishing utilizes third-party payment gateway service providers, such as Stripe, to provide secure payment processing for your orders. As such, you will be governed by the agreements and privacy policies of the payment gateways you use. La Voz Music Publishing does not store your credit card information and does not have access to it. You agree that an order is an offer to buy the products listed in your order, and we have the right to accept or reject the offer. We are never obligated to license the products to you.

To the extent you order digital products, the products will be available for download after you purchase them. To the extent you order print products, we will arrange for shipment of the products to you, subject to your payment of shipping fees. For print products, title and risk of loss pass to you upon our transfer of the products to the carrier. We are not liable for any delays/issue in shipment.

ALL SALES ARE FINAL. We do not accept returns, and we do not offer refunds on any products. Please be sure to inspect the Website and details of the Work carefully before making your purchasing decision.

INTELLECTUAL PROPERTY RIGHTS

All content, features, and functionality (including but not limited to all information, software, text, displays, images, artwork, songs, music, compositions, music notation/score excerpts, and the design, selection, and arrangement thereof) available on or through this Website are protected by United States and international copyright, trademark, and other intellectual property laws. Unless otherwise expressly specified, no one has permission to copy, modify, or republish, in any form, any content found on the La Voz Music Publishing Website. Licenses to products are permitted, pursuant to the License Agreement. Removing or changing any copyright notices on this content is prohibited. It is the policy of La Voz Music Publishing to respect the intellectual property rights of others, and it is La Voz Music Publishing's expectation that all intellectual property rights in and to all content on the Website are similarly respected.

If you believe that any content on the Website violates your copyright, please contact us, with detailed information, here.

FEEDBACK

La Voz Music Publishing welcomes suggestions and feedback or how to improve the Website. However, the submission of any suggestions or ideas shall be deemed irrevocable permission for La Voz Music Publishing to use, adopt or modify them without additional consideration.

LINKS TO OTHER WEBSITES

La Voz Music Publishing may provide links to other websites. These sites are maintained by third-parties and La Voz expressly disclaims any responsibility for the content, and/or quality of products or services provided by or advertised on these third-party websites.

NO WARRANTIES; LIMITATION OF LIABILITY

THIS WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL LA VOZ MUSIC PUBLISHING, LLC, ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA, OR ANY LOSS OF PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE AND ITS CONTENTS.

THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE MADE TO THE CONTENT OF THIS WEBSITE AT ANY TIME. IN PARTICULAR, PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless La Voz, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Website, including, but not limited to, your use of the content, services, and products other than as expressly authorized in this Agreement.

GOVERNING LAW AND JURISDICTION

The laws of the United States of America, and particularly the laws of the State of North Carolina shall apply to all claims regarding this site, its contents and orders placed via this website; jurisdiction is vested in the federal courts of the United States and the courts of the State of North Carolina.

PRIVACY POLICY

La Voz Music Publishing respects your privacy, and we are committed to protecting it. If you do not want La Voz to collect information about you, do not use the Website; you may also opt out of automatic information collection through your website browser.

WHAT INFORMATION DO WE COLLECT?

When you order from the La Voz Music Publishing Website, we collect information about you (a) directly from you when you provide it to us; (b) from third-party payment processors, after you provide it to them; and (c) automatically when you use the Website. No financial information will be provided by you to us directly. Some of the details of transactions you provide to third-party gateway services providers, such as Stripe, only to the extent needed for an order to complete successfully, will be given to us.

When you email us via submit@lavozmusicpublishing.com via the "Submissions" page, we collect information about you (a) directly from you when you provide it to us and (b) automatically when you use the Website. Your submission of information and works to us indicates your acceptance of this Agreement. By submitting works, you are granting La Voz Music Publishing the nonexclusive right to access and use this information and all attachments, including without limitation, the musical works, audio recordings, and any photographs for the purpose of evaluating whether or not to enter into a separate agreement with you. La Voz will use its best efforts to review all materials for possible publications, but La Voz has no obligation to do so. La Voz has no obligation to respond.

The information we collect includes name, postal address, email address, or other identifier by which you may be contacted, copies of correspondence if you contact us, attachments to any such correspondence, and details of transactions you carry out, excluding credit card information. The Website may use technology to automatically collect information about your access, including traffic data, location data, logs, and other communication data, IP address, browser type, and other device information. Finally, we use cookies to enhance your shopping experience. These cookies are bits of electronic information that your browser stores on your computer, then sends back to us when you revisit our site. All common browsers let you choose to reject cookies. The Website will continue to work if you set your browser to refuse cookies.

WHAT DO WE DO WITH IT?

We use information that we collect about you or that you provide to us, to:

provide you with the Website and its contents;
fulfill any purpose for which you provide it, including to fulfill an order or review submissions;
carry out our obligations and enforce our rights; and
notify you of news and updates regarding any products we offer or provide through the Website.

The usage information we collect allow us to improve our Website by enabling us to estimate usage patterns, store information about preferences, speed up searches, and recognize when you are on the Website to customize the shopping experience.

DO WE DISCLOSE IT?

We may disclose personal information that we collect or you provide us:

to contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets;
to fulfill the purpose for which you provide it;
with your consent;
to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
if we believe disclosure is necessary to protect the rights, property, or safety of La Voz Music Publishing, LLC, our customers, or others; or
for any other lawful purpose.

We may disclose aggregated statistics about Website users, without restriction, but this data cannot be associated with any specific individual. We do not rent, trade, or sell the personal information you give us without your consent.

If you have any requests about your personal information, please contact us, via www.lavozmusicpublishing.com/contact.

LICENSE AGREEMENT

The La Voz Music Publishing Website features original musical works, original arrangements of public domain music, and original arrangements of copyrighted songs, all honoring the unique sounds and diverse traditions of Latin American choral music. We have collectively defined all such musical works in the Agreement as the "Work." ["Work" as used in this Agreement shall include singular or plural as required by context]. La Voz has the right to (a) publish, digitize, print, sell, and license all Work on the Website; (b) to authorize the performance of the Work and (c) to authorize the recording of the Work, subject to the terms and conditions set forth by separate agreement, where applicable, and below.

Your use of the La Voz Music Publishing Website, purchase of any Work, and the subsequent downloading, printing and use of the Work in any way indicates your acceptance of the License Agreement below. As consideration for the rights granted, you shall pay La Voz the fees specified on the Website at checkout. Without payment, you have NO right to access, use, or perform the Work.

YOUR RIGHT TO ACCESS/USE THE WORK

Subject to the terms of the Agreement, La Voz Music Publishing grants you, upon purchase, the limited right to access and use the Work for personal, household, or classroom use. This right is personal – NON-COMMERCIAL in nature – not for resale or export. When you purchase a license to download Work or purchase print versions of Work, you have purchased a license to the number of copies specified at checkout. You do NOT have the right to make additional copies, to forward via email, sublicense, assign, transfer, and/or sell the Work to anyone at any time. There is no right to copy the music apart from the copies (i.e. number of users) paid for at checkout. You shall NOT translate, recast, edit, alter, modify, or create any derivative works of the Work. You shall NOT interfere with the copyright notices on the Work.

YOUR RIGHT TO PERFORM THE WORK

Subject to the terms of the Agreement, La Voz Music Publishing grants you (and your ensemble, if applicable), upon purchase, the limited right to publicly perform the Work in the United States, provided, however, you ensure that the performance materials are marked with the appropriate copyright notices prominent in position. You shall not market the performance in any way that conflicts with, confuses, or negates the copyright notices provided by La Voz Music Publishing. You may not record any such performance without separate written consent from La Voz Music Publishing, LLC, which consent shall not be unreasonably withheld.

NO OTHER RIGHTS

Any additional rights need to be negotiated with the copyright holder. Please contact us, for requests, via the "Contact Us" page, here.

LICENSOR RIGHT TO TERMINATE

La Voz has the right to terminate the license on written notice to you if you materially breach this Agreement and fail to cure such breach within ten (10) days after receiving written notice thereof. La Voz has the right to terminate the license without cause, with pro-rated refund to you (the amount of which is at La Voz's sole discretion), by providing at least thirty (30) days' prior written notice to you. On termination, all rights will revert immediately to La Voz, and you must immediately delete all digital copies of the Work and return all physical copies of the work to La Voz, where applicable. You must immediately cease and desist all use of the Work, including without limitation, all performances of the Work.

LEGAL NOTICE

When you order the Work, you are NOT purchasing the music itself – you are purchasing the limited right to access, make copies, use, and perform the music, depending on your selections on the Website, subject to payment, and subject to the terms and conditions of this Agreement. Copyright ownership is NOT transferred to you. You agree NOT to use the Work in any way that violates applicable federal, state, local, or international law or regulation. This license shall be governed by the laws of the United States, including the U.S. Copyright Act of 1976, as amended, 17 U.S.C. Section 101.

CONTACT INFORMATION

La Voz Music Publishing, LLC

151 Michael Lane

Aberdeen, NC 28315

Last Modified: August 19, 2022

ND:4861-5907-2558, v. 4